Section 4970.19.4 - Project Breach-Termination(a) Failure of a Grantee to comply with the terms and conditions of the Project Agreement may be treated by the OHMVR Division as a breach of contract. If the OHMVR Division determines there is a breach of contract, the OHMVR Division shall give the Grantee written notification that the Grantee has thirty (30) calendar days from the date of written notification to cure the breach. If the Grantee does not cure the breach of contract or commence actions to cure the breach within thirty (30) calendar days or show diligent progress to cure the breach, the OHMVR Division may terminate the Project Agreement and void the OHMVR Division's obligations.(b) If the OHMVR Division determines a breach of contract was due to no fault of the Grantee, the OHMVR Division may waive reimbursement of funds paid or advanced or make payment for any work performed up to the date of Project Agreement termination. In the event of a breach of contract that the OHMVR Division waives, such waiver shall not serve to excuse the future performance of the breached term that was waived or performance of any other term of the Project Agreement.(c) Any terminated Project shall remain subject to all record keeping and Audit requirements contained in these regulations.Cal. Code Regs. Tit. 14, § 4970.19.4
1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4(Register 2010, No. 2).
3. Amendment filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.